United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT August 12, 2004 Charles R. Fulbruge III Clerk No. 04-60040 Summary Calendar

H.W. BAILEY; J. DENNIS DAVID, Petitioners versus HUBERT HYMEL; DIRECTOR, OFFICE OF WORKER’S COMPENSATION PROGRAMS U.S. DEPARTMENT OF LABOR, Respondents.

-------------------- Petition for Review of the Decision and Order of the Benefits Review Board BRB No. 03-0643 -------------------- Before BARKSDALE, EMILO M. GARZA, and DENNIS, Circuit Judges.

PER CURIAM:* The petition for review is denied for the reasons given by the Benefits Review Board.**

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. ** See 5th Cir. R. 47.6.